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2 Purchase of Alcohol by a Minor Exception: The minor is under the immediate supervision of a peace officer engaged in enforcing the Alcoholic Beverage Code. Class C Misdemeanor Texas Alcoholic Beverage Code:

3 Attempt to Purchase Alcohol by a Minor Must be with specific intent and involve an act amounting to more than mere preparation. Class C Misdemeanor Texas Alcoholic Beverage Code:

4 Misrepresentation of Age by a Minor Falsely stating that he/she is 21 or older or presenting any document that indicates he/she is 21 years or older to a person engaged in selling or serving alcoholic beverages. Class C Misdemeanor Texas Alcoholic Beverage Code:

5 Possession of Alcohol by a Minor Exception: While in the visible presence of the minor s adult parent, guardian or spouse. Exception: While under the immediate supervision of a peace officer engaged in enforcing the Alcoholic Beverage Code. Class C Misdemeanor Texas Alcoholic Beverage Code:

6 Consumption of Alcohol by a Minor Exception: While in the visible presence of the minor s adult parent, guardian or spouse. Class C Misdemeanor Texas Alcoholic Beverage Code:

7 Penalties for Underage Drinking Violations Class C Misdemeanors Fine up to $500 Alcohol awareness class 8 to 40 hours community service 30 to 180 days loss or denial of driver s license

9 Driving Under the Influence by a Minor (DUI) A minor operating a motor vehicle in a public place while having ANY detectable amount of alcohol in the minor s system. Class C Misdemeanor Texas Alcoholic Beverage Code:

11 Third DUI for Minors 17 or Older Class B Misdemeanor Fine of $250 to $2,000 and/or up to 180 days in jail 180 days driver's license suspension Ineligible for occupational driver s license (to drive to work)

12 Driving While Intoxicated (DWI) Intoxicated while operating a motor vehicle in a public place. Minors can be arrested for DWI. Class B Misdemeanor Texas Penal Code: 49.04

13 Definition of Intoxication Not having normal use of mental or physical faculties by reason of the introduction of alcohol or a drug; OR Having a BAC of 0.08 or more. Texas Penal Code: 49.01(2)

14 DWI Penalties First Offense: Up to $2,000 fine and/or 3 to 180 days in jail; driver's license suspension of 90 days to 1 year. (Class B Misdemeanor) Second Offense: Up to $4,000 fine and/or 1 month to one year in jail; driver's license suspension of 180 days to 2 years. (Class A Misdemeanor). Third Offense: Up to $10,000 fine and/or 2 to 10 years in jail; driver's license suspension of 180 up to 2 years. (Third Degree Felony).

15 DWI with a Child Passenger DWI while there is another person in the vehicle who is under 15 years of age. State jail felony 180 days to 2 years in state jail; and Possible fine not to exceed $10,000. Texas Penal Code:

16 DWI with an Open Container The intoxicated driver had an open container of alcohol in the person's immediate possession. Class B Misdemeanor, with a minimum term of confinement of six days. Texas Penal Code: (c)

17 Open Container in a Motor Vehicle Knowingly possessing an open container in a passenger area of a motor vehicle that is located on a public road/street/highway. Even if the vehicle is being operated or is stopped or parked. Class C Misdemeanor Texas Penal Code:

18 Passenger Area of a Motor Vehicle The area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. Does not include: a glove compartment or similar storage container that is locked; the trunk of a vehicle; or the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. Texas Penal Code

19 Exceptions to Open Container Law Passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or Living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or an RV.

20 Intoxication Assault By accident or mistake, while operating a watercraft or a motor vehicle in a public place while intoxicated, causes serious bodily injury to another. Third degree felony 2 to 10 years in prison; and Possible fine not to exceed $10,000 Texas Penal Code: 49.07

21 Intoxication Manslaughter By accident or mistake, while operating a watercraft or a motor vehicle in a public place while intoxicated, causes the death of another. Second degree felony 2 to 20 years in prison; and Possible fine not to exceed $10,000 Texas Penal Code: 49.08

22 Sale of Alcohol to a Minor Selling an alcoholic beverage to a minor with criminal negligence. Class A Misdemeanor Fine up to $4,000 and/or Up to one year in jail Texas Alcoholic Beverage Code:

23 Sale to Minor Exception A person who sells to a minor does not commit an offense if: The minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of ID: Texas driver's license or ID card issued by DPS Military ID or passport (new law in June 2009 when Governor signs Senate Bill 693) Must contain a physical description and photo consistent with his/her appearance. Texas Alcoholic Beverage Code: (b)

24 Providing Alcohol to a Minor Purchasing or giving alcohol to a minor or with criminal negligence making alcohol available to a minor. Class A Misdemeanor Fine up to $4,000 and/or Up to one year in jail 180 days automatic driver s license suspension upon conviction Texas Alcoholic Beverage Code:

25 Providing Alcohol to a Minor Exception A minor s adult parent, guardian, or spouse may give alcohol to the minor. If he/she is visibly present when the If he/she is visibly present when the minor possesses or consumes the alcoholic beverage.

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